Karen Tse
Karen Tse is the Founder and CEO of the International Bridges to Justice (IBJ), Geneva, which works across the globe in advancing access to justice, with special emphasis on the rights of the prisoners. Sanjeewa Liyanage is the Director at IBJ. Both Karen and Sanjeewa act as advisors and mentors to the Access to Justice Index project.
Q. The term ‘access’ within the conceptual phrase ‘Access to Justice’ has undergone dynamic changes in the recent years; it is no more confined to mean access to judicial infrastructure alone, but has navigated further-in to the realm of reducing case pendency and raising legal awareness. In this light, how would you define this term and its essential components? You may contextualize the same within the broader contours of the legal aid movement in China. Could you also list five words that you believe fairly represent the concept of ‘Access to Justice’?
Karen & Sanji: Access to justice goes beyond the ability to access the court system in cases of suffering a legally recognized wrong. In the context of the rights of the accused, access to justice in its fullest form includes early access to competent legal representation within a system that upholds the rule of law and the rights of the accused. The essential components of access to justice within this comprehensive understanding include a system that: (1) gives suspects access to an attorney from the moment they are arrested or interrogated; (2) provides legal aid for defendants who cannot afford an attorney; (3) ensures a sufficient pool of well-trained attorneys; (4) supports a basic understanding of the legal system among the general populace; and (5) legislates and enforces protections for the accused throughout the process. This latter component includes the right to appear before the court without undue delay, be informed of the evidence in one’s case, the right and ability to investigate one’s case, and the ability to cross-examine the evidence, among other things. Within China, enhancing access to justice has included promoting a legislative and normative framework that promotes early access to counsel, advising populations (especially rural and other underserved populations) on how to access legal aid on behalf of family members in the case of arrest, fostering a criminal justice community in order to promote criminal defense as a career option, and providing training as well as resources to legal aid and defense attorneys. Parallel to this, there have also been efforts to promote understanding among police, procuratorats (prosecutors), and the courts on the needs of defendants and the advantages of providing suspects with representation. Five words that describe this concept are: representation, rights, information, timeliness, and equality.
Q. What challenges do China’s unique economic and demographic conditions pose for accessing justice?
Karen & Sanji: China is a country of stark contrasts between the larger, economically successful cities in the east, and poorer, more rural areas spread throughout the country. The greatest challenges for securing access to justice are most prominent in the poorer, more rural regions. Not only does China’s expansive territory make it difficult to fund legal aid offices that can cover the entire territory of the country, but other structural reasons exacerbate relevant challenges. Many of China’s most successful graduates flock to the larger cities, creating a “brain drain” situation for the more remote provinces. As such, there are fewer lawyers available in these locations.
Lawyers that do work there also have less access to training and mentorship. They are also likely to not be specialists or well experienced in criminal law or defense matters. The general population there may have little to no legal awareness. Literacy and language issues also impede realization of access to justice goals in certain locales. Lastly, there are leftover remnants of earlier times that also perpetuate a problem of perception, namely that having a lawyer will hurt, rather than help your case.